October 2011
ESS Health & Safety Arrangements
Construction Design and Management (CDM)
Distribution: This document must be brought to the attention of all ESS managers and employees working in construction.
This information can be made available electronically, or in large print should it be required, please contact ESS Health and Safety Officer by telephoning 0191 222 6847 or Emailing
Contents:
1. Introduction to the CDM Regulations
2. The Role of the Client
2.1 Client Responsibilities
3. Summary of Duties
4. Client (ESS Project Managers) Arrangements
5. Additional Information
· Appendix 1 - Client ‘Non Notifiable’ CDM Checklist
· Appendix 2 - Client ‘Notifiable’ CDM Checklist
· Appendix 3 - Assessing Competences of Appointees
· Appendix 4 – Pre Construction Information Template
· Appendix 5 - Health and Safety File -
· Appendix 6 – Client / ESS Project Manager Checklist
· Appendix 7 - ESS Client/Project Manager Checklist – CDM Notifiable Projects
· Appendix 8 - Designers Red, Amber and Green lists - practical aides to designers on what to eliminate/avoid, and what to encourage. (Developed by HSE)
· Appendix 9 – General Requirements for Health and Safety in Construction HSG 150 (see ESS Health and Safety Web Page, Arrangements Health and Safety in Construction)
1. Introduction to the CDM 2007 Regulations
The CDM 2007 Regulations revise and bring together the CDM Regulations 1994 and the Construction (Health, Safety and Welfare) Regulations 1996 into a single regulatory package.
The new regulations came into force on 6 April 2007.
In addition, a new ‘Approved Code of Practice’ has been published giving further guidance on the application of CDM 2007 and for the management of significant construction hazards/risks.
This new ACOP has special legal status and will be used by the Health and Safety Executive (HSE) as the basis for enforcing the CDM Regulations 2007.
The new CDM 2007 Regulations are divided into 5 parts:
· Part 1 deals with the application of the Regulations and definitions.
· Part 2 covers general duties that apply to all construction projects.
· Part 3 contains additional duties that only apply to notifiable construction projects, i.e. those lasting more that 30 days or involving more than 500 person days of construction work.
· Part 4 contains practical requirements that apply to all construction sites.
· Part 5 contains the transitional arrangements and revocations.
If a project is 'notifiable' (as defined above), then this means that the Client has to appoint a competent CDM Coordinator who will ensure that the HSE is told about the work via the completion of a standard F10 form.
2. The Role of the Client
While it is understood that the budget holder/project sponsor for construction projects undertaken by the University ultimately maintains responsibility for their project. Estate Support Service employees in their capacity as Project Managers, Surveyors and Engineers acting on behalf of the budget holder/project sponsor will take on the responsibilities of client for the day to day management of their project.
ESS Project Managers, Surveyors and Engineers will from this point and for the remainder of these arrangements be referred to as ‘the Client’.
2.1 Client Responsibilities
The Client has one of the biggest influences over the way a project is run and therefore Clients have been made accountable for the impact their approach has on the health and safety of those working on, or who are affected by the project.
However, the Regulations also recognise that many Clients know little about construction health and safety, so Clients are not required or expected to plan or manage projects themselves. Nor do they have to develop substantial expertise in construction health and safety, unless it is central to their business. Clients must ensure that various things are done, but are not normally expected to do them themselves.
What you are required to do depends upon whether or not the planned work is notifiable.
A notifiable project is one, which is likely to last more than 30 days or 500 person days e.g. 50 people working continuously over a 10 day period. The HSE must be informed of all projects that fall into this category using Form F10, which you as Client, will be required to sign.
As a Client you have specific duties to comply with, for all construction work that is undertaken on your behalf, however, if the project is notifiable, and then you have additional duties to comply with.
Listed below are the duties as specified within the regulations with some guidance to support each one. This should help you to understand your role more fully.
A checklist has also been developed that can be used as an aide memoir to ensure that you have considered each of your duties (see Appendix 1 if your project is NON-notifiable and Appendix 2 if your project is notifiable) as required by the regulations. The checklist will also allow you to monitor your progress throughout the project and will help you to maintain a written audit trail.
3. Summary of Duties for all Duty Holders
(Part 2 of the Regulations) / Additional duties for notifiable
projects (Part 3 of the Regulations)
· Check competence and
resources of all appointees
· Ensure there are suitable
Management arrangements for the project including welfare facilities
· Allow sufficient time and
resources for all stages
· Provide pre-construction
information to designers and contractors / · Appoint CDM co-ordinator*
· Appoint principal contractor*
· Make sure that the construction
phase does not start unless
there are suitable; welfare facilities, and construction phase plan in place
· Provide information relating to
the health and safety file to the
CDM co-ordinator
· Retain and provide access to
the health and safety file
(* There must be a CDM coordinator and principal
contractor until the end of the
construction phase)
CDM co-ordinators / · Advise and assist the client with his/her duties
· Notify HSE (as soon as possible after appointment)
· Co-ordinate health and safety
aspects of design work and cooperate with others involved
with the project
· Facilitate good communication
between client, designers and
contractors
· Liaise with principal contractor
regarding ongoing design
· Identify, collect and pass on
pre-construction information (The template in Available in Appendix 4 should be used to help you do this)
· Prepare/update health and
safety file (The template available in Appendix 5 should be used for work on the University Estate)
Designers / · Eliminate hazards and
reduce risks during
design
· Provide information
about remaining risks / · Check client is aware of duties
and CDM co-ordinator has been
appointed
· Provide any information needed
for the health and safety file
Principal contractors / · Plan, manage and monitor
construction phase in liaison
with contractor
· Prepare, develop and implement
a written plan and site rules.
(Initial plan completed before
the construction phase begins)
· Give contractors relevant parts
of the plan
· Make sure suitable welfare
facilities are provided from the
start and maintained throughout
the construction phase
· Check competence of all
Appointees
· Ensure all workers have site
inductions and any further
information and training needed
for the work
· Consult with the workers
· Liaise with CDM co-ordinator
regarding ongoing design
· Secure the site
Contractors / · Plan, manage and
monitor own work and
that of workers
· Check competence of all
their appointees and
workers
· Train own employees
· Provide information to
their workers
· Comply with the specific
requirements in Part 4 of
the Regulations (Duties relating to health and safety on construction sites)
· Ensure there are
adequate welfare
facilities for their workers / · Check client is aware of duties
and a CDM co-ordinator has
been appointed and HSE
notified before starting work
· Co-operate with principal
contractor in planning and
managing work, including
reasonable directions and site
rules
· Provide details to the principal
contractor of any contractor
whom he engages in connection with carrying out the work
· Provide any information needed
for the health and safety file
· Inform principal contractor of
problems with the plan
· Inform principal contractor of
reportable accidents, diseases
and dangerous occurrences
Everyone / · Check own competence
· Co-operate with others and co-ordinate work so as to ensure the
health and safety of construction workers and others who may be
affected by the work
· Report obvious risks
· Comply with requirements in Schedule 3 and Part 4 of the
Regulations for any work under their control
· Take account of and apply the general principles of prevention
when carrying out duties
4. Client Arrangements
In order to comply fully with the Client duties, you should apply the following guidance.
4.1 To check the competence and resources of all appointees.
Non-Notifiable Projects
One of the aims of the Regulations is to promote effective communication, co-ordination and co-operation. For none notifiable projects, a low-key approach will be sufficient. In the first instance the contractor must satisfy the contractor assessment process as identified in the ESS Arrangements for the Management of Contractors. An initial meeting with your appointed designer and/or contractors to discuss the job and in particular any risks associated with the job. The ESS Health and Safety Officer will be available to attend the meeting with you if you require assistance.
If the tendering or partnering process has not included a detailed specification of the work and known health and safety risks, it is at this meeting that information about the site should be passed onto the designer and/or contractor using the contractor induction booklet as a guide, you should also discuss how any risks associated with the work are going to be controlled to ensure that no-one is harmed. You should ask the designer and/or contractor about their past experience and where possible, obtain references
Note: Don’t forget anyone can be considered to be a designer if make design decisions this includes the Client.
Notifiable Projects
Clients should ensure they have access to competent safety advice for all projects. Competent advice for general ‘at work activities’ is required under the Management of Health, Safety at Work Regulations and this is normally provided by the ESS Health and Safety Officer and where necessary the University Safety Office.
For projects, which are defined as notifiable within the regulations, the Client must appoint a competent and adequately resourced CDM Co-ordinator who will support them.
To ensure you meet your obligations under this requirement you should ask the CDM Co-ordinator specifically whether or not they have undertaken their duties e.g. whether they have checked the competence and resources of all other appointees, keep a record of their response, the Client Notifiable CDM Checklist in Appendix 2 has been designed to help you do this.
In all cases, appointees i.e. Designers, Contractors etc., should be given adequate time to prepare for the work and you need to establish how long the job is likely to take. This will allow you to plan the work effectively and will ensure a thorough approach is taken and realistic deadlines are set.
4.2 To ensure that there are suitable management arrangements for health and safety in place
As a Client, what should you be looking for as suitable arrangements for managing the project?
You will need suitable arrangements to ensure:
· Clarity of roles, functions and responsibilities for members of the project team so everyone knows, who does what.
· Those appointed by you have sufficient time and resources to comply with their duties.
· There is good communication, co-ordination and co-operation between members of the project team (e.g. between designers and contractors);
· Your designers are able to confirm that their design (and any design changes) have taken account of the requirements of regulation 11 of CDM 2007 (Designers duties), and that the different design elements will work together in a way which does not create risks to the health and safety of those constructing, using or maintaining the structure;
· Your contractor is provided with the pre-construction information.
· A pre-start meeting with the contractor is required; you should invite the ESS and Health and Safety Officer to attend this meeting.
· Your contractor is able to confirm that health and safety standards on site will be controlled and monitored, and that welfare facilities will be provided for the duration of the construction phase.
These arrangements should focus on the needs of the particular job and be proportionate to the risk arising from the work. They will mainly be made by, others in the project team, such as designers and contractors.
Before they start work, a good way of checking is to ask the relevant members of the team to explain their arrangements, or to ask for examples of how they will manage these issues during the life of the project. Keep a record of your discussions. When discussing roles and responsibilities, on simple projects all that may be needed is a simple written list of who does what.
Does this mean that I as Client must carry out detailed checks, and get involved in the construction work itself?
No. Health and safety on site is a matter for the contractor, and the duty to reduce risks through design is a duty of the designer.
Clients simply have to ensure that the initial project management arrangements, which have been made are maintained.
This can be achieved by seeking assurance from the designer and contractor.
For a non-notifiable job, simple enquires will be enough to check that the arrangements are in place to ensure that:
· There is adequate protection for the Client’s workers and/or members of the public; if appropriate for the project.
· Adequate welfare facilities have been provided by the contractor.
· There is good ongoing co-operation and communication between designers and contractors.
· The management arrangements for the project, which the contractor agreed to make to control key risks on-site have been implemented.
You do not need to get involved with the day-to-day running of the project. There is no obligation for a Client to visit the site.